1)                                             BYRON SHIRE COUNCIL

                                                                                                                              13.17 - Attachment 2

 

10.2014.398.1

CONDITIONS OF CONSENT:

 

 

1.   Deferred Consent Condition

 

Pursuant to Section 80(3) of the EPA Act 1979, this consent does not operate until Council is provided with a full set of architectural drawings including floor plans, elevations, sections, landscape plan and site plan. The plans to be prepared based on the submitted conceptual drawings by Alan Logan Architecture, dated 5/15 and numbered 1 and 2, and site plan, basement plan, ground floor plan, first floor plan and roof plan prepared by Total Project Group Architecture, dated July 2014.

 

To satisfy Council in this matter the applicant must submit:

 

a)   Details of finished external colours and materials of the development including a detailed schedule/display of materials and colour charts, based on the conceptual drawings prepared by Alan Logan Architecture.  

b)   Demonstrate that the height of roof top terrace entrance does not exceed 9.87 metres above ground level and the two pitched roof elements do not exceed 10.09 metres above ground level based on the conceptual drawings by Alan Logan Architecture

 

Evidence of compliance with the above condition(s), sufficient to satisfy the Council as to those matters, must be provided within 12 months of this notice.  If satisfactory evidence is produced in accordance with this requirement, the Council will give notice to the applicant of the date from which the consent operates.

 

 

 

Parameters of this Consent

 

1.   Development is to be in accordance with approved plans

The development is to be in accordance with the plans approved under deferred commencement Condition No.1.

 

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 

2.   Compliance with Building Code of Australia 

(1)          For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

(a)  that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(b)  in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

(2)          This clause does not apply:

(a)  to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b)  to the erection of a temporary building.

 

(3)          In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

 

3.   Erection of signs

(1)          For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

 

(2)          A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a)  showing the name, address and telephone number of the principal certifying authority for the work, and

(b)  showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)  stating that unauthorised entry to the work site is prohibited.

 

(3)          Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

(4)          This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

 

(5)          This clause does not apply in relation to Crown building work that is certified, in accordance with 109R of the Act, to comply with the technical provisions of the State’s building laws.

 

(6)          This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.

 

Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

 

 

4.   Coastal Erosion

The development must cease if at any time the coastal erosion escarpment comes within 50 metres of any building associated with this development.  The buildings and works used in connection with the development must be demolished immediately to an approved location by the owner of the land. The owner must return the landform of the subject land to the predevelopment state and suitably revegetate the land.

 

In this condition coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

 

Note: at the end of a storm the escarpment may be nearly vertical; as it dries out, the escarpment slumps to a typical slope of 1 vertical to 1.5 horizontal.

 

 

 

The following conditions are to be complied with prior to issue of a Construction Certificate for building works

 

5.   Land to be consolidated

All separate parcels of land are to be consolidated into one allotment and registered with the NSW Department of Lands.

 

6.   Acoustic Fence adjacent to Railway Corridor

Detailed plans to be submitted with the construction certificate for a 2 metre high acoustic fence to be erected along the rear boundary with the railway corridor. As a minimum the fence to be a timber lap and cap paling fence.

 

7.   Landscape Plan

A detailed landscape plan to be submitted with the construction certificate for approval in accordance with Part H of DCP 2010.

 

8.   Remediation of contaminated land

A Remedial Action Plan (RAP) must be prepared for the management of contaminated soils in accordance with the findings of the report titled “Preliminary Contaminated Land Assessment SEPP 55 -  Lots A and B DP 346870, Lot 1 DP 123737, Lot 13 DP 1143269, Lot 2 DP 1073355 and Lot 1 DP1068193 – 3, 5, and 7 Shirley Street Byron Bay, by Greg Alderson and Associates P/L in addition to the following requirements:

i)        The RAP must be prepared by a suitably qualified person as per  the NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997 and all other statutory requirements.

ii)       A Notice of Commencement must be submitted to Council no less than 30 days prior to commencement.

iii)      A suitably qualified person with experience in contaminated land remediation must be engaged by the proponent to be responsible for overseeing all works.

iv)      Contact details of the responsible person must be provided to Council, including a 24-hour telephone number.

v)      a validation report and notice of completion to be submitted to Council before any other works commence.  The notice of completion must certify the site is suitable for the proposed use.

All reporting must conform to the requirements of NSW EPA Guidelines for Consultants Reporting on Contaminated Sites 1997, and must also include information confirming that EPA and all other regulatory requirements have been met. In particular, documentary evidence is required to confirm that any disposal of soil off-site is done in accordance with the RAP and regulatory requirements.

9.   Acid sulfate soils management

Application for a construction certificate is to include an Acid Sulfate Soils (ASS) Management Plan, which describes the following:

a)   Description of the site, including maps;

b)   Area of the site and area(s) of disturbance;

c)   Site attributes including site landform and geology, details of any native vegetation, depth to watertable and likely seasonal variation;

d)   Maximum depth of excavation and level in AHD, volume of soil to be excavated, timing of works, water quality testing, calculated cone of depression;

e)   Plan showing locations of all boreholes, details of all sampling equipment, evidence of good materials handling procedures and laboratory certification;

f)    Full details of calculations used to determine the liming rate or any other ameliorant;

g)   Details of all measures to avoid/minimise any disturbance of ASS and dewatering of excavations;

h)   Details of measures to minimise the oxidation exposure times of all ASS excavations and stockpiles;

i)    Details of measures to segregate, stockpile, treat and dispose of ASS and acid drainage waters, including the provision of associated leachate and sediment control measures and procedures;

j)    Details of measures to ensure that acid drainage waters are not discharged to Council’s stormwater system nor any watercourse or drainage channel;

k)   Details of measures to ensure that management of ASS will be undertaken in accordance with the Acid Sulfate Soil Manual (ASSMAC, 1998);

l)    Details of measures to ensure that any off-site disposal of ASS will be in accordance with the ‘NSW DECC (2008) Waste Classification Guidelines’;

m)  Details of validation testing to confirm that sufficient ameliorant has been incorporated into the ASS to prevent any future acidification;

n)   Names and contact details of persons responsible;

o)   Monitoring strategy; and

p)   Contingency procedures.

 

The Plan must be prepared by a suitably qualified Environmental / Soil Scientist and in accordance with the Acid Sulfate Soil Manual (ASSMAC 1998). Should dewatering be required a separate approval to be obtained from the NSW Office of Water under the Water Management Act 2000. 

 

10. Engineer’s Certification required – Engineering Design Works Basement Car Park.

A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:

a)      the design of the civil engineering works for the basement car park, including retaining walls, earthworks excavations, has been assessed as structurally adequate,

b)      the civil engineering works will not be affected by landslip or subsidence either above or below the works; and

c)      adequate drainage has been provided.

 

11. Sediment and Erosion Control Management Plan required

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as filter fences and sedimentation basins.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

12. Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous Water Development Servicing Plans.

 

Byron Shire Council acts as Rous Water’s agent in this matter and will issue a Certificate of Compliance on behalf of Rous Water upon payment of the Rous Water Development Servicing Charge to this Council.

 

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates by contacting Council’s Principal Engineer Systems Planning, Water on 02 6626 7081.  Applicable charges can be found on Council’s website: http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Payment by Personal or Company Cheque will not be Accepted

 

13. Section 94A Levy to be paid

 

Prior to the issue of a construction certificate the section 94A levy required by the Byron Developer Contributions Plan2012 shall be paid to Council. 

 

The levy will be calculated as follows:

 

Levy payable = %C x $C

 

Where:   %C      is the levy rate applicable as set out in the latest Ministerial Direction issued under section 94E. 

 

                           $C    is the proposed cost of carrying out the development. 

 

The rate of %C is:

 

Proposed cost of the development

Maximum percentage of the levy

Up to $100,000

Nil

$100,001–$200,000

0.5 percent

More than $200,000

1.0 percent

 

The cost of development shall be shall be calculated in accordance with clause 25J of the regulation.  The Cost Summary Report (copy attached) as set out in schedule 2 of the Section 94A contributions plan shall be submitted to Council with the with the payment.  Copies of Cost Summary Report are available at Council’s main office or may be downloaded from http://www.byron.nsw.gov.au/

 

 

14. Section 68 approval required

An Approval under Section 68 of the Local Government Act 1993 to carry out:

a)      water supply work;

b)      sewerage work; and

c)      to discharge trade waste into the sewer

must be obtained. For details on trade waste see the NSW Office of Water Liquid Trade Waste Regulations Guidelines 2009, Council’s Liquid Trade Waste Policy and Liquid Trade Waste Guidelines.

 

Commercial, business, trade and industrial activities discharging or proposing to discharge to the sewer are required to notify Council and complete the Trade Waste Registration Form available at the Mullumbimby Office and from Council’s website at: http://www.byron.nsw.gov.au/files/publications/liquid_trade_waste_application_form_0.pdf

 

 

15. On-site stormwater detention - Section 68 approval required

An approval under Section 68 of the Local Government Act 1993 to carry out on-site detention drainage system and connection to a Council approved drainage system.

 

Note: The plans must be in compliance with Council’s Development Control Plan 2010, Part N and Council’s current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”. Refer to Council’s website for copies of these documents.

 

16. Consent required for works within the road reserve – Shirley Street.

Consent from Council must be obtained for works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve.

 

Such plans are to be in accordance with Council’s current Design & Construction Manuals and are to provide for the following works:

 

Driveways, Kerb & Gutter

 

Construction of two (2) new driveways.

Removal of existing three (3) driveways.

Removal of remaining kerb & gutter which is to be replaced with new kerb and gutter to current standards for the full frontage of the site, and beyond to facilitate the transition between the different profiles.

Reinstatement of footpath area and road pavement, as/where required.

 

 

 

Footpath

Remove the existing concrete footpath for the full frontage of the site and east to the service station site and replace with a 1.5m. wide concrete to Council’s required standards.

 

 

 

 

 

The driveways, kerb & gutter, footpath and associated works are to be in accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

 

 

 

17. Traffic Management Plan  

Consent from Council must be obtained for a Traffic Management Plan pursuant to Section 138 of the Roads Act 1993.

The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development, in particular driveway/roadworks in Shirley Street and construction vehicles manoeuvring.

The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2, and the current Australian Standards, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’.

 

“The plan shall incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site”.

 

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

18. Basement Car parking layout, vehicle circulation and access plans required.

The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent.

 

The access, parking and manoeuvring for the site is to comply with the requirements of Council’s DCP 2010, AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking and AS 2890.2 – 2010 - Parking facilities, Part 2: Off-street commercial vehicle facilities. Plans are to include, but not be limited to, the following items:

 

a)      Fully dimensioned layout plan to scale of the internal driveways, Porte Cochere, Loading bay, and, for  the basement car park which also indicates compliance with the current Australian Standards in respect to horizontal and vertical dimensions and clearances;

b)      Turning/manoeuvre paths for the design B99 and SRV vehicles;

c)      Existing and design levels;

d)      Longitudinal section of the driveways from the road centreline through to the basement car park; which should also show vertical clearances where the B99 vehicle and driveway ramp enters the basement car park structure, in compliance with Section 5.3.1 and Figure 5.3 of AS2890.1- 2004.

e)      Cross sections;

f)       Drainage (pipes, pump out pits/system, collection tanks, etc.);

g)      Safety sight distances for both the entry and exit driveways;

h)      Linemarking and signage.

i)        Retaining Wall Structures

j)        Basement Drainage and Site Dewatering (if required)

k)      Garbage Storage Area to include concrete base and screened from adjoining properties

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

NOTEThe plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

 

 

19. Bond required to guarantee against damage to public land

A bond of $5000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

 

Such bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

 

20. Mechanical ventilation and Air Conditioning and other plant and equipment

Engineering detail to be submitted with the construction certificate demonstrating that mechanical ventilation, air conditioning and other plant and equipment will be adequately acoustically enclosed in accordance with the Industrial Noise Policy and the requirements of the Environmental Protection Authority.   

 

21. Public liability insurance cover required

The developer and/or contractor must produce evidence to the Principal Certifying Authority of public liability insurance cover for a minimum of $10 million. Council is to be nominated as an interested party on the policy.

 

22. S.88E Restriction to be placed on title – Coastal erosion

Documentary evidence is to be provided to the Principal Certifying Authority that a restriction-as-to-user, pursuant to the provisions of S.88E of the Conveyancing Act, 1919, has been placed on the title to the land, the subject of this consent, stating:‑

 

The development granted via development consent number 10.2014.398.1 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.

 

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

 

Please note: Documents requiring the endorsement of Council associated with the creation or cancellation of easements, restrictions, covenants are subject to fees listed within Council’s Fees & Charges.

 

The following conditions are to be complied with prior to any building or construction works commencing

 

23. Traffic Management Plan

The approved traffic management plan is to be implemented.

 

24. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  The public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development. Council is to be nominated as an interested party on the policy.  Council is not held responsible for any negligence caused by the undertaking of the works.

 

25. Erosion and Sediment Control Management Plan required

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control plan/s must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Any such measures that are deemed to be necessary because of the local conditions must be maintained at all times until the site is made stable (i.e. by permanent vegetation cover or hard surface).

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

26. Plumbing Standards and requirements.

All Plumbing, Water Supply, Sewerage and Stormwater Works shall be installed in accordance with the Local Government Act 1993, Plumbers Code of Australia and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.  The changes made are from Plumbers and Drainage Regulation 2012 NSW Government.

a)    The licensee is to provide 24 hours notice and attend the site for the following INSPECTIONS, prior to covering of work. Inspections will be carried out a mutually convenient time:

i)     Pre-start and Sediment Control;

ii)     Internal Drainage;

iii)    External Drainage;

iv)   Water Rough In;

v)    Fire Services;

vi)   Stackwork;

vii)   Final  - all work completed. - * Note below.

b)    A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours, a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings

Note: Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

 

27. Water service and meter to be connected

A water service and water meter must be connected to the property using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

 

Any new water service and meter will be at the applicants cost.

 

 

28. Disconnection of existing water and sewer prior to demolition

Existing water and sewer services must located on site and be properly capped at the main by a licenced plumber.  All water and sewer disconnections must be inspected by the Byron Shire Council inspectors prior to backfilling.

 

-     If a property is demolished and no longer needs water supply and/or a sewerage service, a licensed plumber must disconnect the service at the main (also known as 'capping the service').. The plumber must also return the water meter to Council’s inspector at the time of inspection.

-     If your development involves consolidating lots and you don’t need all the existing services, you must correctly disconnect them. This ensures that you aren’t billed for unused services and helps avoid future hidden leaks.

 

29. Plumbing Permit

Your Plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work.  Please forward an Application for a Plumbing Permit to your plumber to complete and to return to Council prior to commencement of disconnection works.  Refer to http://www.byron.nsw.gov.au/files/Forms/Plumbing_Drainage_Permit.pdf.

 

 

The following conditions are to be complied with during construction

 

30. Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

 

a)      Monday to Friday, from 7 am to 6 pm.

b)      Saturday, from 8 am to 1 pm.

 

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

31. Construction Noise

Construction noise is to be limited as follows:

a)      For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b)      For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

32. Demolition of existing structures

Demolition of the existing dwelling to be carried out in accordance with AS2601. Any asbestos to be removed in accordance with the EPA and NSW Workcover requirements. 

 

33. Signs to be erected on building and demolition sites

A sign must be erected in a prominent position on the work site:

 

a)      stating that unauthorised entry to the work site is prohibited, and

b)      showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

 

Any such sign is to be removed when the work has been completed.

 

34. Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

35. Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

36. Prevention of water pollution

Only clean and unpolluted water is to be discharged to Council’s stormwater drainage system or any watercourse to ensure compliance with the Protection of Environment Operations Act.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition. 

 

 

The following conditions are to be complied with prior to occupation of the building

 

37. Works to be completed prior to issue of a Final Occupation Certificate

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of a Final Occupation Certificate.

 

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

 

38. Swimming Pool Fencing

Pool fencing to comply with the Swimming Pool Act 1992

 

39. Car Parking areas to be completed and signs to be provided.

The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

 

40. Internal & External  driveway in accordance approved plans

The internal and external driveways, and, vehicle manoeuvring areas are to be constructed in accordance with the approved plans.

 

41. Stormwater disposal

Stormwater must be collected and disposed of in a controlled manner such that stormwater flows are:

a)      Clear of buildings and infrastructure,

b)      Not concentrated so as to cause soil erosion,

c)      Not onto adjoining land.

 

 

42. Land Fill and Floor Levels

Prior to the issue of an occupation certificate the owner/builder of a development is to confirm in writing to Council the as-built levels are as per the approved designs (ie the heights are confirmed by a registered surveyor). The heights which should be provided would be habitable floor, non-habitable, basement car park floor and vertical clearances, high ground and low ground. 

 

43. Stormwater drainage – Certification of works

The certificates are to be from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans, Council’s current ‘Design & Construction Manuals, Section 68 Approvals and Part N of DCP 2010 (Certificate of Compliance form).

 

44. Engineer’s Certification required – Constructed Basement Car Park.

A certificate from a professional Engineer experienced in structural and geotechnical Engineering, is to be provided to the Principal Certifying Authority, certifying that:

a)      the constructed engineering works for the basement car park; including retaining walls, drainage, and earthworks excavations, has been supervised and assessed as structurally adequate,

b)      all works have been constructed in accordance with the approved plans and Council’s current “Design & Construction Manuals”.

 

The following conditions will need to be complied with at all times

 

45. Car Parking spaces are to be available for the approved use

A minimum of 27 car spaces, a loading bay, a mini bus drop off and pick up bay, customer arrival bay under the Porte Cochere are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council. Valet Parking Service is to be provided at all times

 

46. Building Tourist Motel Suites not to be used for residential occupation

The building tourist motel suites must not be used for any form of residential occupation unless separately approved by Council. The Manager’s Unit is exempt from this requirement.

 

 

 

 

47. Vehicles to enter/leave in a forward direction

Vehicles using any off-street loading/unloading and/or parking area must enter and leave in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

 

48. Loading and unloading not to occur on the street

The loading and unloading bay must be available at all times for the loading and unloading of goods for the development.  All loading and unloading to is take place within the curtilage of the premises.

 

49. Restaurant available/open to the Public

The restaurant component of this motel is available to the general public to use. The hours of operation for the motel restaurant when open to the public is Monday to Sunday 7am to 11pm.

 

50. Ground Floor Spa

The ground floor spa is for the use of guests only.

 

51. No Interference with Amenity of Neighbourhood

The proposed use of the premises shall not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, dust, wastewater or otherwise.
In particular:

a)   The noise level emanating from the use of the premises must comply with the New South Wales Industrial Noise Policy.

 

The LA10* noise level emitted from a licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) by more than 5 dB between 07:00 am and 12:00 midnight at the boundary of any affected residence.


The LA10* noise level emitted from a licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5 Hz – 8k Hz inclusive) between 12:00 midnight and 07:00 am at the boundary of any affected residence.   

 

        Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00 am. 

 

        * LA10 is the average maximum deflection of the noise emission from the licensed premises.

b)   Only clean and unpolluted water is permitted to be discharged to Councils’ stormwater drainage system or any waters.

c)   All wastes shall be contained within appropriate containers fitted with a tight-fitting vermin-proof lid.

d)   All trade waste pre-treatment devices and other waste storage facilities shall be serviced and maintained to ensure that all relevant environment protection standards are satisfied.

e)   Goods deliveries, fuel deliveries and waste collection shall be restricted to daytime operating hours.

 

52. Restricted hours of operation

The hours of operation of the swimming pools and spa pools is 8am to 8pm.

Any alteration to the above hours of operation will require the further consent of Council.

 

53. Swimming pool discharge

Swimming pool’s discharge for waste water is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2. The maximum allowable flow rate of filtered backwash water into the sewer is 0.45 L/s.

 

54. Public Swimming Pool and Public Spa Pool health requirements

Every public swimming pool and public spa pool water is to be re-circulated, filtered and continuously disinfected in accordance with the requirements of the Public Health Regulation 2012.

The applicant shall establish appropriate management and maintenance procedures and practises to ensure that the requirements of the Public Health Regulation (Schedule 1 Requirements for public swimming pools and spa pools) are achieved for the safety of bathers at all times.

 

 

Notes

 

Civil Works

The civil works shall be designed and constructed in accordance with Council’s Engineering Standard current at the time of submission of Engineering Plans for approval by Council.  Approval of Engineering Plans will be current for a period of two years after which time Council may require the alteration to the Engineering Design to comply with standard current at that date.

 

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

 

Public Health Act 2010:

All public swimming pools and public spa pools must operated and maintained in accordance with the requirements of the Public Health Act, 2010 and Public Health Regulation 2012. All public swimming pools and public spa pools must achieve safe water quality standards at all times for the protection of the bathing public.

 

Smoke-Free Environment

The applicant and occupier of the premise are alerted to the requirements of the Smoke-Free Environment Act 2000 which imposes specific restrictions upon smoking within all enclosed spaces, and in certain outdoor public places. Appropriate warning signs should be displayed in restricted no-smoking areas of the development.

 

 

 

 

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT

[ET Policy No:13/005]

Water

9.99 ET

Bulk Water

9.99 ET

Sewer

13.67 ET

 

Section 94A Levy to be paid

 

SCHEDULE 2 - Cost Summary Report

[Development Cost greater than $500,000]

 

DA /CC/CDC No.........................................................................................................................

DATE:..........................................................................................................................................

APPLICANT’S NAME:................................................................................................................

APPLICANT’S ADDRESS:.........................................................................................................

DEVELOPMENT DETAILS:.......................................................................................................

DEVELOPMENT ADDRESS:....................................................................................................

ANALYSIS OF DEVELOPMENT COSTS:

 

Gross Floor Area – Commercial

m2

Gross Floor Area – Other

m2

Gross Floor Area – Retail

m2

Total Gross Floor Area

m2

Gross Floor Area – Car Parking

m2

Total Site Area

m2

Total Development Cost

$

Total Car Parking - Spaces

 

Total Construction Cost

$

 

 

Total GST

$

 

 

 

 

 

I certify that I have:

·    inspected the plans the subject of the application for development consent or construction certificate.

·    calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices. 

·    included GST in the calculation of development cost.

 

 

Signed: ...........................................................................................................................................

Date: ..............................................................................................................................................

Name: ............................................................................................................................................

Phone: ............................................................................................................................................

Position and Qualifications: ...........................................................................................................

Address:          ........................................................................................................................